CITY OF SAN MARCOS - DEVELOPMENT SERVICES DEPARTMENT DATE 12/21/2021
RIGHT OF WAY CONTRACT - CITY OF SAN MARCOS
CITY OF SAN MARCOS, California Project: San Marcos Boulevard at Discovery Street Intersection Improvement Project (CIP 86002)
GRANTOR: (hereinafter referred to as "Project")
High Tech High Facilities, LLC, (APN: 219-210-46)
APN: 219-210-46
Doc. No.: 01 - Temporary Construction Easement
Doc No.: 02 - Easement Grant Deed
Site Address: 1480 W San Marcos Blvd
San Marcos, CA 92078
ALL RIGHT OF WAY CONTRACTS ARE CONTINGENT UPON APPROVAL BY THE
CITY COUNCIL OF THE CITY OF SAN MARCOS
This Right of Way Contract ("Contract") is made between the CITY OF SAN MARCOS, hereinafter referred to as "City" and High Tech High Facilities, LLC, a California limited liability company hereinafter referred to as "Grantor." The City and Grantor are referred to herein as a "Party" or collectively as the "Parties."
1. PROPERTY TO BE ACQUIRED
The documents listed below covering the property particularly described therein (altogether, the "Property") shall be referred to in this Contract by the same name indicated below:
A. Document No. 1 - Temporary Construction Easement - See Attachment 1 (hereinafter referred to as the "CE")
B. Document No. 2 - Easement Grant Deed - See Attachment 2 C. Document No. 3 - This Contract
D. Document No. 4 - Tenant Information Sheet - See Attachment 4 E. Document No. 5 - Seller Disclosure Form - See Attachment 5 In consideration of which, and other considerations hereinafter set forth, the Parties mutually agree as follows:
2. RECITALS:
A. This Contract constitutes the entire understanding between the Parties. 1 B. Both Grantor and City recognize the expense, time, effort, and risk to both parties in determining the compensation for the TCE and Easement Grant Deed by eminent domain litigation and therefore are voluntarily entering into this Contract.
C. Except as otherwise provided herein, title, possession, and use of the TCE and Easement Grant Deed shall vest upon the date the Contract is fully executed.
D. The amount shown in section 3B below includes full payment for conveyance of said TCE rights and Easement Grant Deed and for such possession and use of the same as set forth in the terms of each respective document.
3. THE CITY SHALL:
A. Place consideration of this Contract on a future City Council agenda for its consideration and approval, and if such approval is secured, perform items 3B, 3C and 3D below.
B. Based on the Property being free and clear of any hazardous materials or contaminated soils, the City or its assignee will pay to the order of Grantor compensation in the total amount of Four Thousand Eight Hundred Dollars ($4,800.00), representing the City's appraised value of Two Thousand Three Hundred Dollars ($2,300) plus additional consideration of Two Thousand Five Hundred Dollars ($2,500) representing potential Grantor appraisal costs the parties agreed would not be conducted, as payment in full for the following rights and/or acquisitions:
A Temporary Construction Easement as described in Exhibit "A" to Attachment 1, located on assessor parcel number 219-210-46 in San Marcos, California; An Easement Grant Deed as described in Exhibit "A" to Attachment 2, located on assessor parcel number 219-210-46, in San Marcos, California; C. The City shall pay Grantor the total compensation in paragraph 3.B above by no later than thirty (30) days after the Contract is fully executed.
4. THE GRANTOR(S):
A. Agree(s) that the total consideration being paid by City as provided in section 3B of this Contract reflects the fair market value of the TCE and Easement Grant Deed free and clear of contamination, supplemented as described above (See, for appraisal, page 18, Memorandum of Appraisal Update, October 13, 2021, Bender Rosenthal Incorporated). If the land on the TCE and Easement Grant Deed being acquired is found to be contaminated and said contamination requires mitigation under Federal, State, or Local Laws to allow City to move forward with the Project, City may either: (i) at its own expense clean or restore the site, or (ii) abandon the Project and be reimbursed funds paid to Grantor. In the event City proceeds with the Project, Grantor will not be responsible to City for any such cleanup or restoration costs. Nothing in this Contract prohibits City from recovering its cleanup costs from any third party Potentially Responsible Party which may have caused or contributed to the contamination or are otherwise responsible for such cleanup.
B. Agree(s) to indemnify, hold harmless, and defend the City from any and all claims, liabilities, obligations or causes of action from any person or source arising out of or connected with hazardous materials or contaminated soils on, in, or under the TCE and Easement Grant Deed which is the subject of this Contract, but only if the City can 2 establish by evidence that the hazardous materials or contaminated soils that are the subject of the claims were caused or created by Grantor or its agents, contractors or assigns.
C. Agree(s) to provide those documents necessary to place title in the condition called for by the documents listed in section 3B, including, but not limited to, W-9 Tax Reporting Form, Statement of Information, Certification of Trust (if applicable), partnership documentation and/or corporation documentation (if applicable), complete the Tenant Information Sheet shown in Attachment 4 and complete the Seller's Disclosure Form shown in Attachment 5.
D. Reserved.
E. Hereby waive(s) and release(s) City, its officers, employees, agents, attorneys and representatives from and against any and all claims, actions, demands and suits relating to the purchase price, loss of goodwill, severance, and/or the acquisition of the TCE and Easement Grant Deed.
F. Warrant(s) that there are no leases, written or oral, on any portion of the TCE and Easement Grant Deed except for those identified on Attachment 3 attached hereto and by this reference herein incorporated.
G. Shall make all disclosures required by law and shall complete and sign the Seller's Disclosure Form attached hereto as Attachment 5 and by this reference herein incorporated.
H. In the event that Grantor is/are unable to deliver title in a reasonable time in accordance with the terms of this Contract, or in order to clear tenant claims, lender claims or other liens, the City may pursue an action in eminent domain for acquisition of the TCE and Easement Grant Deed.
I. Grantor(s) agree(s) that its/their heirs, assigns and successors in interest, shall be bound by all the terms and conditions contained in this Contract.
5. THE CITY AND GRANTOR FURTHER AGREE AS FOLLOWS:
It is agreed and confirmed by the Parties hereto that notwithstanding other provisions in this Contract, the right of possession and use of the Property described in this Contract by the City, including the right to remove existing vegetation, irrigation facilities, curb and gutter, and surface pavement, shall commence on the date that the Contract is fully executed and title to the TCE and Easement Grant Deed is conveyed to City and that the amount shown in section 3B herein includes, but is not limited to, full payment for such possession and use, including damages, if any.
This Contract shall not be changed, modified, or amended except upon the written consent of all Parties hereto.
This Contract is the result of negotiations between the Parties and is intended by the Parties to be a final expression of their understanding with respect to the subject matters herein contained. This Contract supersedes any and all other prior or contemporaneous agreements, correspondence, negotiations and understandings, whether oral or written, between the Parties in connection with the subject matters of this Contract. This Contract has been subject to review by all Parties and no provision contained herein shall be construed against the City solely because it prepared this Contract in its executed form.
6. DURATION OF OFFER:
If this Contract is not signed by Grantor and City within 60 days of the date of the offer letter, it shall be deemed automatically revoked, unless extended by mutual agreement of the Parties.
No Obligation Other Than Those Set Forth Herein above Will Be Recognized
CONTINUED ON NEXT PAGE
In Witness Whereof, the Parties hereto have executed this Contract on the _14_day of _, 2022.
GRANTOR:
High Tech High Facilities, LLC, a California limited liability company By: collyt
Print name: Collees GREEN
Its: manuzer
Approved as to Form CITY OF SAN MARCOS,
a chartered municipal corporation
Approved:
By: By:
Helen Peak Jack Griffin
City Attorney City Manager
Dated: Dated:
RECORDING REQUESTED BY:
ATTACHMENT 1
CITY CLERK
CITY OF SAN MARCOS
1 CIVIC CENTER DRIVE
SAN MARCOS, CA 92069-2918
AND WHEN RECORDED MAIL TO:
- THIS SPACE FOR RECORDER'S USE ONLY -
Same as above
No recording fee required. This document is exempt from fee pursuant to Section 27383 of the California Government Code.
NO DOCUMENT TAX DUE, R&T 11922 (Amended) Presented for record by the City of San Marcos The undersigned grantor(s) declare(s): Assessor's Parolinet: San ardos Documentary transfer tax is $0.00
() computed on full value of property conveyed, or
() computed on full value less value of liens and
encumbrances remaining at time of sale. Location: 1480 W San Marcos Blvd () Unincorporated area: (X) City of San Marcos, and San Marcos, CA 92078 Reference: High Tech High Facilities, LLC
TEMPORARY CONSTRUCTION EASEMENT
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, High Tech High Facilities, LLC, a California limited liability company, ("Grantor") does hereby GRANT to the CITY OF SAN MARCOS, a chartered municipal corporation, Grantee ("CITY") or its successors or assigns, its officers, agents, employees, or by any contractor, its agents and employees, engaged by said CITY, wherever and whenever necessary, the use of a temporary construction easement ("TCE"), hereinafter described. ALSO Granting to the CITY herein, the right to transfer and assign this easement in whole or in part to others. The TCE and the terms contained herein shall, during its term, run with the land and be binding upon Grantor and CITY and their respective heirs, successors, and assigns.
The TCE herein granted is for purposes incidental to the construction of the improvements associated with the San Marcos Boulevard at Discovery Street Intersection Improvement Project (CIP 86002) ("PROJECT") located adjacent to the land owned by Grantor at 1480 W San Marcos Blvd San Marcos, CA 92078 ("PROPERTY"). The TCE shall terminate four (4) months after the date the CITY provides 30-day written notice of the commencement of construction activities. It is understood that upon said termination date the CITY shall have no further obligation or liability in connection with this TCE or said PROPERTY other than the defense, indemnification and hold harmless obligation set forth in the paragraph below.
The CITY shall, to the extent authorized by law, defend, indemnify and hold the Grantor, its Board of Directors, employees, agents and assigns, harmless from any and all liability, costs, and/or claims, including legal fees or expenses, arising out of, or in any way connected with this TCE, said PROJECT and/or construction activities, and/or the CITY's or any of its agents, contractors, employees, assignees, or licensees' use of this TCE or the TCE Area (defined more specifically below) during the term of the TCE. The CITY's contractor shall carry liability insurance as required in the CITY's "Standard Specifications for Public Works Construction". This defense, indemnity and hold harmless obligation shall survive the termination of this TCE.
Upon completion of any work within the TCE Areas, CITY shall restore, at CITY's expense, any disturbed portion of the TCE Areas, including any structures and improvements thereon, to substantially the same condition that existed prior to commencing the work. For the duration of this TCE, the CITY 6 shall ensure that the TCE Area will be maintained in a safe condition and the CITY shall be solely responsible for complying with any and all laws and regulations applicable to the CITY's use of the TCE Area, including but not limited to, obtaining and maintaining any and all permitting and providing any notifications required by CITY's use of the TCE Area.
The land over which said TCE is hereby granted (the "TCE Area") is situated in the City of San Marcos, County of San Diego, State of California, and is more particularly described in EXHIBIT "A", and as shown graphically on EXHIBIT "B" consisting of two (2) pages attached hereto and made a part hereof.
Temporary Construction Easement
APN: 219-210-46
This document is executed this 14 day of MARLIt _ 2022
GRANTOR: High Tech High Facilities, LLC, a California limited liability company By: _ colagre
Print name: Collen GREEN
Its: MANAGER
NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. to the recordation thereof by it duly authorized officer.
DATED: BY: _
City Clerk
Approved as to form:
City Attorney
ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who shat docto focament to which this certificate is attached, and not the tratifumess, accuracy, or validity of
STATE OF CALIFORNIA
COUNTY OF SanDiego
ame are 4, 2, Noary, aper me e Mounture, Notary public. who proved to me on the basis of satisfactory evidence to be the person(s) whose name (sis/are subscribed to the within instrument and acknowledged to me that he she/they executed the same in histher/their authorized capacity(ies), and that by his/her/their signature(8) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
COMM. #2367388
Be Notary Public i California 2
co0000000sssooóóóю•••••
Signature.
EHIBITS A & B
PLATS AND LEGAL
EXHIBIT "A"
LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENTS
PORTIONS OF THE PROPERTIES GRANTED TO HTH LEARNING FACILITIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS PARCEL 7a OF CORPORATION GRANT DEED RECORDED 7/1/2020 AS DOC. NO. 2020-0348107 OFFICIAL RECORDS, (BEING ALSO PARCEL 1 OF PARCEL MAP 20879 RECORDED APRIL 25, 2011 AS FILE NO. 2011-0213075), (APN 219-210-44); AND PARCEL 9a OF CORPORATION GRANT DEED RECORDED JULY 1, 2020 AS DOC. NO. 2020-0348108, OFFICIAL RECORDS, (BEING ALSO PARCEL 1 OF CERTIFICATE OF COMPLIANCE BOUNDARY ADJUSTMENT RECORDED 7/16/2013 AS DOC. NO. 2013- 0443146, OFFICIAL RECORDS AND A PORTION OF PARCEL 'A' PARCEL MAP 18591 RECORDED DECEMBER 1, 2000 AS FILE NO. 2000-0654306 ), (APN 219-210-46), MORE PARTICULARLY DESCRIBED AS FOLLOWS:
TEMPORARY CONSTRUCTION EASEMENT (TCE) PARCEL 3
A PORTION OF ABOVE-DESCRIBED PARCEL 9a DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL B' OF PARCEL MAP 18591, BEING ALSO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAN MARCOS BLVD, AS SHOWN ON SAID PARCEL MAP;
THENCE SOUTHWESTERLY ALONG THE SOUTHERLY LINE OF SAID PARCEL 'B' AND SAID NORTHERLY
RIGHT OF WAY
SOUTH 73°01'55" WEST 335.32 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 1737.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND NORTHERLY RIGHT OF
WAY AND ALONG THE SOUTHWESTERLY PROLONGATION OF FIRST COURSE SOUTH 73°01'55" WEST 356.87 FEET; THENCE LEAVING SAID PROLONGATION NORTH 16°58'05" WEST 37.06 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY AND SAID 1737.00 FOOT RADIUS CURVE AND THE TRUE POINT OF BEGINNING; A RADIAL TO SAID POINT BEARS SOUTH 05°06'44" EAST; THENCE LEAVING SAID CURVE AND SAID RIGHT OF WAY AND NORTHERLY
ALONG SAID RADIAL
(L9) NORTH 05°06'44" WEST 15.73 FEET; THENCE LEAVING SAID RADIAL (L8) NORTH 83°00'00" EAST 27.98 FEET TO A POINT ON THE WESTERLY LINE OF SAID PARCEL 'B" BEING
A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY TO WHICH A RADIAL LINE BEARS NORTH 49°15'01" EAST; THENCE
(C4) SOUTHERLY ALONG SAID CURVE AND SAID WESTERLY LINE THROUGH A CENTRAL ANGLE OF 11°26'59" AN ARC LENGTH OF 18.78 FEET TO THE SOUTHWEST CORNER OF SAID PARCEL 'B' BEING ALSO A POINT ON SAID 1737.00 FOOT RADIUS CURVE IN THE NORTHERLY RIGHT OF WAY OF SAN MARCOS BLVD, A 1737.00 FOOT RADIAL TO SAID CORNER BEARS SOUTH 06°20'36" EAST; THENCE LEAVING SAID
WESTERLY LINE AND
(C5) WESTERLY ALONG SAID 1737.00 FOOT RADIUS AND SAID RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 01°13'52" AN ARC LENGTH OF 37.32 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 533.57 SQUARE FEET OR 0.012 ACRE, MORE OR LESS.
PAGE 1 OF 3
TEMPORARY CONSTRUCTION EASEMENT (TCE) PARCEL 5
A PORTION OF ABOVE-DESCRIBED PARCEL 7a DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 'B' OF PARCEL MAP 18591 RECORDED DECEMBER 1, 2000 AS FILE NO. 2000-0654306, BEING ALSO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAN MARCOS BLVD, AS SHOWN ON SAID PARCEL MAP; THENCE SOUTHWESTERLY ALONG THE
SOUTHERLY LINE OF SAID PARCEL 'B' AND SAID NORTHERLY RIGHT OF WAY SOUTH 73°01'55" WEST 335.32 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 1737.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND NORTHERLY RIGHT OF
WAY AND ALONG THE SOUTHWESTERLY PROLONGATION OF FIRST COURSE SOUTH 73°01'55" WEST 447.14 FEET; THENCE LEAVING SAID PROLONGATION NORTH 16°58'05" WEST 58.54 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY AND SAID 1737.00 FOOT RADIUS CURVE TO WHICH A RADIAL LINE TO SAID POINT BEARS SOUTH 02°03'03" EAST; THENCE
LEAVING SAID SOUTHERLY RIGHT OF WAY
NORTH 30° 00' 00" WEST, 10.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 30° 00' 00" WEST, 32.33 FEET; THENCE
NORTH 85° 00' 00" EAST, 20.00 FEET; THENCE
SOUTH 30° 00' 00" EAST, 23.00 FEET; THENCE
SOUTH 60° 00' 00" WEST, 20.00 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 553.26 SQUARE FEET OR 0.013 ACRE, MORE OR LESS.
TEMPORARY CONSTRUCTION EASEMENT (TCE) PARCEL 6A
A PORTION OF ABOVE-DESCRIBED PARCEL 7a DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF THAT CERTAIN TRAFFIC EASEMENT RECORDED 11/8/1985 AS DOCUMENT NO. 85-421874, OFFICIAL RECORDS, BEING ALSO A RADIAL LINE TO A 1737.00 FOOT
RADIUS CURVE IN THE NORTHERLY RIGHT OF WAY OF SAN MARCOS BOULEVARD THAT BEARS SOUTH 03°38'53" EAST; THENCE NORTHERLY ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID TRAFFIC EASEMENT AND ALONG SAID RADIAL NORTH 03°38'53" WEST 3.64 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 9a, BEING ALSO A POINT ON A NON TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 136.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 19°02'00" WEST; THENCE
(C7) LEAVING SAID NORTHERLY PROLONGATION AND SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 04°20'47" AN ARC LENGTH OF 10.32 FEET TO
THE NORTHERLY LINE OF SAID TRAFFIC EASEMENT, BEING ALSO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 1719.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 03°58'12" WEST; THENCE
PAGE 2 OF 3
(C9) LEAVING SAID SOUTHWESTERLY LINE OF PARCEL 9a AND WESTERLY ALONG SAID NORTHERLY LINE OF TRAFFIC EASEMENT AND SAID CURVE THROUGH A CENTRAL ANGLE OF 00°19'19" AN ARC LENGTH OF 9.66 FEET TO THE POINT OF BEGINNING.
CONTAINING: 16.95 SQUARE FEET, MORE OR LESS.
TEMPORARY CONSTRUCTION EASEMENT (TCE) PARCEL 6B
A PORTION OF ABOVE-DESCRIBED PARCEL 9a, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF ABOVE DESCRIED TCE PARCEL 6A BEING A POINT ON THE SOUTHWESTERLY LINE OF SAID PARCEL 9a; THENCE NORTHWESTERLY ALONG THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID PARCEL 6A, NORTH 03°38'53" WEST 2.84 FEET; THENCE
(L10) NORTH 34° 00' 00 " WEST 18.97 FEET; THENCE
NORTH 85° 00' 00" EAST 11.43 FEET; THENCE
(L11) SOUTH 34° 00' 25 " EAST 26.72 FEET TO THE NORTHERLY LINE OF THAT CERTAIN TRAFFIC EASEMENT RECORDED 11/8/1985 AS DOCUMENT NO. 85-421874, OFFICIAL RECORDS; BEING ALSO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 1719.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 04°09'35" EAST; THENCE
(C8) WESTERLY ALONG SAID CURVE AND SAID NORTHERLY LINE OF TRAFFIC EASEMENT THROUGH A CENTRAL ANGLE OF 00°11'23" AN ARC LENGTH OF 5.69 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 9a, BEING ALSO A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 136.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 14°41'13" WEST; THENCE (C7) NORTHWESTLY ALONG SAID SOUTHWESTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 04°20'47" AN ARC LENGTH OF 10.32 FEET TO THE POINT OF BEGINNING.
CONTAINING: 261.47 SQUARE FEET OR 0.006 ACRE, MORE OR LESS.
SEE EXHIBIT "B", PLAT, CONSISTING OF 3 SHEETS, ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
PAUL SURVEYOR
Tand and E. GOEBEL
* LS 8486 *
SATE OF CAL TORTI
PAUL E. GOEBEL LS 8486 12.6.2021
DISCOVERY SAN MARCOS- 163212- HTH APN 219-210-44,46
PAGE 3 OF 3
APN 219-210-38
PARCEL 1 DEED REC. 8/19/2019 DOC.
2019-0349463, 0.R.
(PARCEL 'B' PARCEL MAP 18591)
APN 219-210-44
PARCEL 7a DEED REC. APN 219-210-46 N
7/1/2020 DOC. PARCEL 90 DEED REC. 7/1/2020 DOC.
2020-0348107, O.R. 2020-0348108, O.R. (DD2)
(DD1) (PARCEL 1 C.O.C. BOUNDARY ADJUSTMENT REC.
7/1/2013 DOC. 2013-0443146, O.R. BEING A
PARCEL 1 PORTION OF PARCELS A & C, PM 18591)
PM 20879 POC-3
POC-5
TCE PARCELS 6A & 6B, SEE SHEET 3 TCE PARCEL 3 SEE SHEET 2 -
S73°01'55" 335.32 BASIS OF BEARINGS
TCE PARCEL 5
SEE SHEET 3 PM 18591
- TIE LINE. SEE SHEETS 2-3 150'
SAN MARCOS BLVD
-
SCALE: 1'= 150'
NOTES:
DISCOVERY 1. SEE EXHIBIT 'A' FOR LEGAL
DESCRIPTIONS.
LEGEND 2. SEE SHEETS 2 - 3 FOR DETAILS OF
PARCELS GRANTED
PARCELS GRANTED HEREON 3. BASIS OF BEARINGS:
SOUTHEAST LINE,
INDICATES TEMPORARY CONSTRUCTION EASEMENTS PARCEL 'B' , PM 18591 (TCE) PARCELS 3,5, 6A & 6B I.E. S73°01'55" W
POINT OF COMMENCEMENT-PARCEL #
TPOB-# TRUE POINT OF BEGINNING-PARCEL # TNES
POINT OF BEGINNING-PARCEL #
RECORD DATA PER PM 18591 E. GOEBEL
ASSESSORS PARCEL NO.
O.R. OFFICIAL RECORDS LS 8486
EXISTING PUBLIC STREET EASEMENT REC. HANS CALERT
2/18/2010 AS DOC. 2010-0081330, O.R. OF
EXISTING TRAFFIC SIGNAL/SIDEWALK EASEMENT
REC. 11/8/1985 AS DOC.85-421874 O.R. Tand und
12/6/21
PARCEL NUMBER GRANTED HEREON
PAULE. GOEBEL DATE
LS 8486
EXHIBIT 'B' PLAT- SHEET 1 OF 3 SHEETS
TEMPORARY CONSTRUCTION Michael Baker Intl.
9755 Clairemont Mesa Bivd.
EASEMENTS (TCE) San Diego, CA 92124
(8581614-5000
WITHIN PARCEL MAP 18591 & PARCEL MAP 20879,
CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 12/6/21 (APN 219-210-44,46) 163212
18591 N60°42 00"E (R)R=94"
PARCEL 1859,1 S06°20'36"E (R)R=1737'
208533 R=1719'7
LINE CURVE TABLE TCE-3
BEARING/DELTA RADIUS LENGTH R=1737=
R=1749
C4 11°26'59" 94.00 ' 18.78 TPOB-3 TIE LINE
C5 01°13'52" 1737.00 ' 37.32 S05°06'44"E(R) / - 573°01 55* L7 N16°58'05" W 37.06' R=1737.00' 356.87°
L8 N83°00'00"E 27.98'
L9 NO5°06'44" W(R) - 15.73'
DETAIL- TCE PARCEL 3
NO SCALE
(9a-DD2)
SEE SHEET 1850,0
3 FOR
PARCELS 5
& 6
= (A-10°37'29" R=1737.00 ' L=322.11')
FE TIE LINE S73°01'55"₩ 356.87' B.C. ROW
SAN MARCOS BLVD
506°20 ' 36"E(R) 1737.001
N60 ° 42' 00"E(R)94.00'
SOUTHWES CURAN
PARCEL 'B' PM T
60'
TCE PARCEL 3 SCALE: 1"= 60'
533.57 S.F. (0.012 AC)
EXHIBIT 'B' PLAT- SHEET 2 OF 3 SHEETS
TEMPORARY CONSTRUCTION Michael Baker Intl
755 Clairemont Mesa BIv
EASEMENTS (TCE) San Diego, CA 92124
WITHIN PARCEL MAP 18591 & PARCEL MAP 20879, (858)614-5000 CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 12/6/2021 (APN 219-210-44,46) 163212
LINE/CURVE DATA TABLE-SHEET 3
NO BEARING/DELTA RADIUS LENGTH 13" W(R)
L1O N34°00'00"W 18.97' POB-6B
NW-6A
L11 $34°00'25"E 26.72°
C7 04°20'47" 136.00° 10.32' APN
5.69' APN 36
C8 00°11'23" 1719.00'
C7 C8
C9 00°19'19" 1719.00' 9.66° NO3°38'53 W(R
3.64 IC9
POB-6A
503°58' 12"E (R)
NW CORNER/ 80 C9
APN APN 219-210-46 DETAIL
219-210
-44 P/O PARCEL A
PM 18591
PARCEL 1
PM 20879 (9a-DD2)
(7a-DD1) N85 ° 00'00"E, 6A SEE DETAIL
N85°00'00"E APN 11.43 ABOVE
APN
22.07 6B>
504°09' 35"E(R) 1850,0
5 8 2.84°
-R=1715.007
РОВ-БВ
NW-6A •
68 00
38.80 24.49 'S03°58'12"E(R)
S03°38' 53"E(R) CURRENT RW
R=1737.00
ТРОВ-5 S03° 38'53"E(R)
S02°03'03" E(R) | 2. RW 1985
TRAFFIC ESMT
SAN MARCOS BLVD R=1749.00'
-
-
TCE PARCEL 5 N
-
. --
553.26 SF (0.013 AC) -
573°01'5
TCE PARCEL 6A 447. 14' 20' N
IN APN 44 16.95 SF (0.0 AC)
TCE PARCEL 6B SCALE: 1"=20'
IN APN 46 261.47 SF (0.006 AC)
EXHIBIT 'B' PLAT-
SHEET 3 OF 3 SHEETS
TEMPORARY CONSTRUCTION Michael Baker Intl.
9755 Clairemont Mesa Bivd.
EASEMENTS (TCE) San Diego, CA 92124
WITHIN PARCEL MAP 18591 & PARCEL MAP 20879, (858)614-5000 CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 12/6/2021 (APN 219-210-44,46) 163212
RECORDING REQUESTED BY:
CITY CLERK
CITY OF SAN MARCOS
1 CIVIC CENTER DRIVE
SAN MARCOS, CA 92069-2918 ATTACHMENT 2
AND WHEN RECORDED MAIL TO:
Same as above
- THIS SPACE FOR RECORDER'S USE ONLY -
o recording fee required. This document is exempt from fee pursuant to Section 27383 of the California Government Cor • DOCUMENT TAX DUE, R&T 11922 (Amended) Presented for record by the City of San Marc The undersigned grantors) declare(s): Assessor's Parcel No.: 219-210-46 Documentary transfer tax is $0.00 Project: San Marcos Boulevard at Discovery Street () computed on full value of property conveyed, or Intersection Improvement Project () computed on full value less value of liens and
encumbrances remaining at time of sale. Location: 1480 W San Marcos Blvd ( ) Unincorporated area: (X) City of San Marcos, and San Marcos, CA 92078 Reference: High Tech High Facilities, LLC
GRANT OF EASEMENT
FOR
GENERAL UTILITY PURPOSES
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, High Tech High Facilities, LLC, a California limited liability company, ("Grantor") does hereby Grant to said CITY OF SAN MARCOS, a municipal corporation of the State of California, its successors or assigns, a perpetual non-exclusive easement for General Utilities to construct, reconstruct, repair, replace, operate, maintain and use traffic signal operation improvements, together with their necessary fixtures and appurtenances and appurtenant work at such elevations, upon, along, over and under the hereinafter described as Grantee may now or hereafter deem convenient and necessary from time to time, together with the right to enter upon, and to pass and repass, over, along and beside said easement to deposit tools, implements and other materials thereon, by said CITY OF SAN MARCOS, its officers, agents, employees, successors or assigns, or by any contractor, his agents and employees, engaged by said CITY, its successors or assigns, whenever and wherever necessary for the purposes above set forth. ALSO TOGETHER with the right to clear and keep clear said easement from explosives, buildings, fences, block walls, structures and trees. The Grantor shall not excavate or place fill on the easement without prior written permission of the Grantee.
Grantor reserves for itself and its successors and assigns the right to use the easement area for all purposes commensurate with property ownership that are not inconsistent with the CITY's use of the easement area or in conflict with the terms of this Grant of Easement.
The lands in which said easement is hereby granted are situated in the City of San Marcos, County of San Diego, State of California, and are more particularly described as follows on Exhibit "A" attached hereto and made a part hereof.
THIS EASEMENT IS GRAPHICALLY SHOWN ON ATTACHED EXHIBIT "B". 10 Grant Deed - Partial Acquisition
APN: 219-210-46
This document is executed this 14 day of MAncIt _ 2022
GRANTOR: High Tech High Facilities, LLC, a California limited liability company By: colagh
Print name: Collear GREEN
Its: MANTGER
NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ.
THIS IS TO CERTIFY that the interest in real property conveyed by the Grant Easement dated from, High Tech High Facilities, LLC, a California limited liability company, to the CITY OF SAN MARCOS, a chartered municipal corporation, is hereby accepted and the grantee consents to the recordation thereof by it duly authorized officer.
DATED: BY: -
City Clerk
Approved as to form:
City Attorney
11 ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF Sandiego
On March 14, 20z2 _ before me f. Meantyre, Notary public (name, title of officer, Notary), appeared Colleen Green- who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
R. McINTYRE
COMM. #2367388
Notary Public California i
WITNESS my hand and official seal. My Comm. Expires Aug. 19, 20252, San Diego County Signature
12 EXHIBITS A & B
PLATS AND LEGAL
13 EXHIBIT "A"
LEGAL DESCRIPTION TRAFFIC & SIDEWALK EASEMENTS (TSE)
PORTIONS OF THE PROPERTIES GRANTED TO HTH LEARNING FACILITIES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY AS PARCEL 7a OF CORPORATION GRANT DEED RECORDED 7/1/2020 AS DOC. NO. 2020-0348107 OFFICIAL RECORDS, (BEING ALSO PARCEL 1 OF PARCEL MAP 20879 RECORDED APRIL 25, 2011 AS FILE NO. 2011-0213075), (APN 219-210-44) HEREINAFTER REFERRED TO AS PARCEL 7a; AND PARCEL 9a OF CORPORATION GRANT DEED RECORDED JULY 1, 2020 AS DOC. NO. 2020-0348108, OFFICIAL RECORDS, (BEING ALSO PARCEL 1 OF CERTIFICATE OF COMPLIANCE BOUNDARY ADJUSTMENT RECORDED 7/16/2013 AS DOC. NO. 2013-0443146, OFFICIAL RECORDS AND A PORTION OF PARCEL 'A' PARCEL MAP 18591 RECORDED DECEMBER 1, 2000 AS FILE NO. 2000-0654306 ), (APN 219-210-46), HEREINAFTER REFERRED TO AS PARCEL 9a, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL 4A
A PORTION OF ABOVE-DESCRIBED PARCEL 7a MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 'B' OF PARCEL MAP 18591 RECORDED DECEMBER 1, 2000 AS FILE NO. 2000-0654306, BEING ALSO A POINT ON THE NORTHERLY RIGHT OF WAY OF SAN MARCOS BLVD, AS SHOWN ON SAID PARCEL MAP; THENCE SOUTHWESTERLY ALONG THE
SOUTHERLY LINE OF SAID PARCEL 'B' AND SAID NORTHERLY RIGHT OF WAY SOUTH 73°01'55" WEST 335.32 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE NORTHERLY HAVING A RADIUS OF 1737.00 FEET; THENCE LEAVING SAID SOUTHERLY LINE AND NORTHERLY RIGHT OF
WAY AND ALONG THE SOUTHWESTERLY PROLONGATION OF FIRST COURSE SOUTH 73°01'55" WEST 447.14 FEET; THENCE LEAVING SAID PROLONGATION NORTH 16°58'05" WEST 58.54 FEET TO A POINT ON SAID SOUTHERLY RIGHT OF WAY AND SAID 1737.00 FOOT RADIUS CURVE AND THE TRUE POINT OF BEGINNING; A RADIAL LINE TO SAID POINT BEARS SOUTH 02°03'03" EAST; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY NORTH 30° 00' 00" WEST, 10.98 FEET; THENCE
NORTH 60° 00' 00" EAST, 20.00 FEET; THENCE
NORTH 30° 00' 00" WEST, 23.00 FEET; THENCE
NORTH 85° 00' 00" EAST, 13.81 FEET TO THE EASTERLY LINE OF SAID PARCEL 7a BEING A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 136.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 34°36'33" WEST; THENCE
(C1) SOUTHEASTERLY ALONG SAID EASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 15°34'33" AN ARC LENGTH OF 36.97 FEET TO AN INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF THAT CERTAIN EXISTING TRAFFIC EASEMENT RECORDED 11/8/1985 AS DOCUMENT NO. 85-421874, OFFICIAL RECORDS, BEING ALSO A RADIAL LINE TO SAID 1737.00 FOOT
RADIUS CURVE IN THE NORTHERLY RIGHT OF WAY OF SAN MARCOS BOULEVARD THAT BEARS SOUTH 03°38'53" EAST; THENCE
PAGE 1 OF 2
(L12) LEAVING SAID EASTERLY LINE OF PARCEL 7a AND SAID CURVE AND SOUTHERLY ALONG SAID PROLONGATION AND SAID RADIAL LINE SOUTH 03°38'53" EAST 3.64 FEET TO THE NORTHWEST CORNER OF SAID EXISTING TRAFFIC EASEMENT; THENCE
(L13) CONTINUING SOUTHERLY ALONG SAID RADIAL LINE AND ALONG THE WESTERLY LINE OF SAID EXISTING TRAFFIC EASEMENT SOUTH 03°38'53" EAST 18.00 FEET TO SAID 1737.00 FOOT RADIUS CURVE IN NORTHERLY RIGHT OF WAY OF SAN MARCOS BOULEVARD; THENCE LEAVING SAID WESTERLY LINE OF
EXISTING TRAFFIC EASEMENT AND WESTERLY ALONG SAID CURVE AND SAID NORTHERLY RIGHT OF WAY THROUGH A CENTRAL ANGLE OF 01° 35' 50" AN ARC LENGTH OF 48.42 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING: 1,434.72 SQUARE FEET OR 0.033 ACRE, MORE OR LESS.
TRAFFIC AND SIDEWALK EASEMENT (TSE) PARCEL 4B
A PORTION OF ABOVE-DESCRIBED PARCEL 9a MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHERLY MOST CORNER OF HEREIN-DESCRIBED TSE PARCEL 4A, BEING ALSO A POINT ON THE EASTERLY LINE OF SAID PARCEL 7a AND A POINT ON A NON-TANGENT CURVE, CONCAVE NORTHEASTERLY HAVING A RADIUS OF 136.00 FEET TO WHICH A RADIAL LINE BEARS SOUTH 34°36'33" WEST; THENCE
(C1) SOUTHEASTERLY ALONG SAID EASTERLY LINE OF PARCEL 7a; THE NORTHEASTERLY LINE OF SAID PARCEL 4A AND SAID CURVE THROUGH A CENTRAL ANGLE OF 15°34'33" AN ARC LENGTH OF 36.97 FEET
TO AN INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID EXISTING TRAFFIC EASEMENT, BEING ALSO A RADIAL LINE TO SAID 1737.00 FOOT RADIUS CURVE IN THE NORTHERLY RIGHT OF WAY OF SAN MARCOS BOULEVARD THAT BEARS SOUTH 03°38'53" EAST; THENCE (L11) LEAVING SAID EASTERLY LINE OF PARCEL 7a AND SAID CURVE AND NORTHERLY ALONG SAID PROLONGATION AND SAID RADIAL LINE NORTH 03°38'53" WEST 2.84 FEET; THENCE (L10) LEAVING SAID PROLONGATION AND SAID RADIAL LINE NORTH 34°00'00" WEST 18.97 FEET TO AN INTERSECTION WITH THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID PARCEL 4A; THENCE
WESTERLY ALONG SAID PROLONGATON SOUTH 85° 00' 00" WEST 22.19 FEET TO THE POINT OF BEGINNING.
CONTAINING: 260.10 SQUARE FEET OR 0.006 ACRE, MORE OR LESS.
SEE EXHIBIT "B" , PLAT, CONSISTING OF 2 SHEETS, ATTACHED HERETO LAND
AND BY THIS REFERENCE MADE A PART HEREOF. ASLO
PAUL SURVEY
E. GOEBEL
Tand and
* LS 8486 *
PAUL E. GOEBEL LS 8486 12.6.2021 STATE OF CALIFORNIA
MBI JN 163212 DISCOVERY-HTH TSE-(APN 219-210-44,46)
PAGE 2 OF 2
APN 219-210-38
PARCEL 1 DEED REC. 8/19/2019 DOC.
2019-0349463, O.R.
(PARCEL 'B' PARCEL MAP 18591)
APN 219-210-46
PARCEL 90 DEED REC. 7/1/2020 DOC.
2020-0348107, O.R
ASSESSORS PARCEL NO. (PARCEL 1 C.O.C. BOUNDARY ADJUSTMENT REC.
APN 219-210-44 7/1/2013 DOC.
PARCEL 7a DEED REC. 2013-0443146, O.R. BEING A
PORTION OF PARCELS A & C, PM 18591)
7/1/2020 DOC.
2020-0348107, O.R.
> TSE PARCEL 4A 4B POC-4A
TSE PARCEL SEE SHEET 2
PARCEL 1
PM 20879
573°01'55"₩ 335.32" - BASIS OF BEARINGS
PM 18591
TIE LINE-S73 01 55"₩ 447.14' BLVD
SEE SHEET 2 SAN MARCOS
0 150'
SCALE: 1'=150'
NOTES:
1. SEE EXHIBIT 'A' FOR LEGAL DESCRIPTION.
2. SEE SHEET 2 FOR DETAIL OF PARCELS GRANTED
LEGEND 3. BASIS OF BEARINGS:
PARCELS GRANTED HEREON SOUTHEAST LINE, PARCEL 'B' • PM 18591 I.E. S73°01'55"₩
INDICATES TRAFFIC SIGNAL EASEMENT
(TSE) PARCELS 4A & 4B
LAND
POC-# POINT OF COMMENCEMENT-PARCEL # PROFESSIONA
TPOB-# TRUE POINT OF BEGINNING-PARCEL # PAUL SURVEYOR
POB-# POINT OF BEGINNING-PARCEL # E. GOEBEL
( ) RECORD DATA PER PM 18591
ASSESSORS PARCEL NO. LS 8486
O.R. OFFICIAL RECORDS STAY
EXISTING PUBLIC STREET EASEMENT REC.
2/18/2010 AS DOC. 2010-0081330, O.R.
Tand and
EXISTING TRAFFIC SIGNAL/SIDEWALK EASEMENT 12/6/2021
REC. 11/8/1985 AS DOC.85-421874 O.R. PAULE. GOEBEL DATE LS 8486
PARCEL NUMBER GRANTED HEREON SHEET 1 OF 2 SHEETS
Michael Baker Intl.
EXHIBIT 'B' PLAT- 9755 Clairemont Mesa Blvd.
San Diego, CA 92124
TRAFFIC SIGNAL & SIDEWALK EASEMENTS (858)614-5000
WITHIN PARCEL MAP 18591 & PARCEL MAP 20879 12/6/2021
CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 163212
LINE/CURVE DATA TABLE
P/O BEARING/DELTA RADIUS LENGTH
PARCEL A LINE (TYP) PROPERTY L10 $34°00'25"E - 18.97'
PM 18591 L11 S03°38'53"E - 2.84'
L12 S03°38'53"E 3.64°
L13 S03°38'53"E 18.00'
S34°36'33" W(R) 136.00° C1 15°34'33" 136.00° 36.97'
- N85°00'00"E- POB-4B
36.00° PARCEL B
PM 18591
22. 19' S19°02'00"W(R) 136.00°
13.81 2087
'S03°38'53"E(R) 1737.00° 21.64'
N30°00'00 L12
10.98 00
-R=1719.00'7
00 LINE (TYP) PROPERTY
N60
CURRENT R
R=1737.00
4-01°35'50"
R=1737.00'
L=48.42'
RW 1985
TРOB-4A TRAFFIC ESMT
R=1749.00'
S02°03'03"E(R) 311 65 85 M_90,89.9N
N - TIE LINE TO BC RIGHT OF WAY -=
S73°01'55"W 447.14' SAN MARCOS BLVD
C.LT -
20'
0 TSE PARCEL 4A SCALE: 1"=20'
1,434.72 SF (0.033 AC)
TSE PARCEL 4B
260.10 SF (.006 AC)
TOTAL 1,694.82 SF (0.039 AC) SHEET 2 OF 2 SHEETS
Michael Baker Intl.
EXHIBIT 'B' PLAT- 9755 Clairemont Mesa Blvd.
San Diego, CA 92124
TRAFFIC SIGNAL & SIDEWALK EASEMENTS (858)614-5000
WITHIN PARCEL MAP 18591 & PARCEL MAP 20879, 12/6/2021
CITY OF SAN MARCOS, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA 163212 Attachment 4
Tenant Information
San Marcos, California
Unit/Space Identification;
Tenant's Name:
Contact Person:
Contact Phone Number:
Date First Rented / Leased Property
Term of Rental Agreement of Lease:
Termination of Date of Existing Agreement:
Approximate area of Unit:
Rental Rate Per Month:
Utilities Included in Rent:
2. Unit/Space Identification;
Tenant's Name:
Contact Person:
Contact Phone Number:
Date First Rented / Leased Property
Term of Rental Agreement of Lease:
Termination of Date of Existing Agreement:
Approximate area of Unit:
Rental Rate Per Month:
Utilities Included in Rent:
Unit/Space Identification;
Tenant's Name:
Contact Person:
Contact Phone Number:
Date First Rented / Leased Property
Term of Rental Agreement of Lease:
Termination of Date of Existing Agreement:
Approximate area of Unit:
Rental Rate Per Month:
Utilities Included in Rent:
14 Attachment 5
SELLER DISCLOSURE FORM
1. Does Seller actively manage Property? If yes, please complete this Disclosure Form. If no, please complete this Disclosure Form to the best of your ability and ALSO deliver a copy of this Disclosure Form to the individual who does actively manage the Property and ask him or her to fill out and return it to Buyer at address below.
Yes D No
2. Documents Regarding the Property. Does Seller have in its possession documents concerning the Property's physical condition? Yes • No D
3. Seller's Knowledge Regarding Title. Does Seller have knowledge of any liens, easements, licenses or other encumbrances affecting the Property that were not disclosed in the Preliminary Title Report?
4. Pending Litigation. Does Seller have knowledge of any pending litigation affecting the Property?
5. Hazardous Materials. Does Seller know if any "Hazardous Materials" (including but not limited to chemicals, toxins, contaminants, underground storage tanks, etc.) have ever been placed upon or released in, under or on the Property. Yes O
Does Seller know if there are any Hazardous Materials currently stored on the property? Yes O No B
6. Knowledge of Violations. Does Seller know of any violations whatsoever of any ordinance, regulation, statute, or judicial order affecting the Property? Yes O No B
7. Leases. Does Seller know of any leases that affect the Property? Yes • No Does Seller know of any person or entity other than Seller that has the right to use the Property now or in the future? Yes • No D
8. Debris. Does Seller know of any buried debris, underground storage tanks, unsuitable soil, garbage, construction materials, manure or other debris on, under or within the Property? Yes D No M
IF SELLER ANSWERED "YES" TO ANY OF THE ABOVE QUESTIONS, THEN SELLER AGREES TO
PROVIDE BUYER WITH A DETAILED WRITTEN EXPLANATION (AND ANY RELATED LEASES, DATA OR DOCUMENTS) FOR SUCH ANSWER. SELLER REPRESENTS AND WARRANTS THAT THE INFORMATION SET FORTH IN THIS ATTACHMENT 3 AND ANY SUBSEQUENT WRITTEN
EXPLANATION (REFERENCED ABOVE) SHALL BE TRUE AT THE TIME GIVEN, AND AT EXECUTION OF THE CONTRACT TO THE BEST OF HIS/HER/ITS KNOWLEDGE AND BELIEF.
SELLER AFFIRMS THAT THIS FORM HAS BEEN COMPLETED TO THE BEST OF HIS/HER/ITS ACTUAL KNOWLEDGE BUT WITHOUT ANY DUTY OF INQUIRY.
Seller:
High Tech High Facilities, LLC, a California limited liability company, By: cocoph By:
Print name: Collen Green Print name:
Its: MANTGER Its:
16